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Platinum Disc Entertainment Contract
AGREEMENT made on date specified by client and between Client, and Platinum Disc, hereinafter referred to as the DJ.
NOW THEREFORE, in consideration of the promises and the agreements herein contained and intending to be legally bound hereby, the Parties do agree as follows:
1. The Client hereby engages the DJ to provide a DJ Service. The service to be performed at Event Location as specified by client:
2. Platinum Disc hereby agrees to provide a DJ Service for the Client at the above-mentioned location.
3. The said DJ Service shall consist primarily of providing musical entertainment by means of a recorded music format.
4. Platinum Disc hereby agrees to render his professional services and is at all times to have complete control of his program.
5. The Parties hereby agree that the DJ Service shall be provided and accepted on the Date(s) and time(s) as submitted by client via Platinum Disc website.
6. The Client in consideration of the DJ Service to be rendered by the DJ, and the mutual promises contained herein, hereby agrees to pay to the DJ the following consideration:
A non-refundable reservation fee of $100, is required to secure the services of Platinum Disc for the engagement. This amount shall be applied toward the Performance Fee.
The Performance Fee is for the five-hour time frame outlined above and is payable prior to any perfance.
All cheques or credit card payments must have cleared at least 24 hours prior to performance.
Services requested that exceed the five-hour time frame will be charged at the rate of $75 per hour, payable the day of the engagement. It may not always be possible to provide additional performance time. However, when feasible, requests for extended playing time will be accommodated.
Additional Terms and Conditions
The agreement of the DJ to perform is subject to proven detention by accidents, riots, strikes, epidemics, acts of God, or any other legitimate conditions beyond their control. If such circumstances arise, all reasonable efforts will be made by Platinum Disc to find replacement entertainment at the agreed upon fees. Should Platinum Disc be unable to procure a replacement, Client shall receive a full refund. Client agrees that in all circumstances, Platinum Disc liability shall be exclusively limited to an amount equal to the performance fee and that Platinum Disc shall not be liable for indirect or consequential damages arising from any breach of contract.
All deposits are non-refundable if cancelled within 30 days of the engagement unless the DJ cancels the engagement.
No performance on the engagement shall be recorded, reproduced, or transmitted from the place of performance, in any manner, or any means whatsoever, in the absence of a specific written agreement with Platinum Disc relating to and permitting such recording, reproduction, or transmission. Pictures and videotape of the event are permitted for the private use of the contracting party only.
The Client and DJ agree that this contract is not subject to cancellation unless both parties have agreed to such cancellation in writing. In the event the Client breaches the contract, he or she shall pay the DJ the amount set forth above as “Wage agreed upon” as liquidated damages, 6% interest thereon, plus a reasonable solicitors fee.
It is hereby further agreed; that the Client shall be held liable for any injury or damages to the DJ, or property of the DJ, while on the premises of said engagement, if damage is caused by Client or guest, members of his organization, engagement invitees, employees, or any other party in attendance, whether invited or not.
It is understood that if this is a “Rain or Shine” event, Platinum Discs compensation is in no way affected by inclement weather. For outdoor performances, Client shall provide overhead shelter for setup area. The DJ reserves the right, in good faith, to stop or cancel the performance should the weather pose a potential danger to him, the equipment, or audience. Every effort will be made to continue the performance. However, safety is paramount in all decisions. The DJ’s compensation will not be affected by such cancellation.
In the event of circumstances deemed to present a threat or implied threat of injury or harm to Platinum Disc staff or any equipment in Platinum Disc possession, Platinum Disc reserves the right to cease performance. If the Client is able to resolve the threatening situation in a reasonable amount of time (maximum of 15 minutes), Platinum Disc shall resume performance in accordance with the original terms of this agreement. Client shall be responsible for payment in full, regardless of whether the situation is resolved or whether Platinum Disc resumes performance. In order to prevent equipment damage or liability arising from accidental injury to any individual attending this performance, Platinum Disc reserves the right to deny any guest access to the sound system, music recordings, or other equipment.
Client shall provide Platinum Disc with safe and appropriate working conditions. This includes a 6-foot by 6-foot area for setup, space for setting up speakers and lighting stands. Platinum Disc requires a minimum of one circuit outlet from a reliable power source within 50 feet (along the wall) of the set-up area. This circuit must be free of all other connected loads. Any delay in the performance or damage to DJ’s equipment due to improper power is the responsibility of the Client. Two circuits are preferred, where possible. Additional outlets on SEPARATE circuits for lighting are required. Client shall provide crowd control if warranted; and furnishing directions to place of engagement. Client is responsible for paying any charges imposed by the venue. These charges may include, but are not limited to, parking, use of electric power, and fire marshal if necessary (for use of fog).
The Client shall at all times have complete control, direction and supervision of the performance of Platinum Disc at this engagement and Client expressly reserves the right to control the manner, means and details of the performance of the services of Platinum Disc. A written event/music planner or music request list must be received from the Client and forwarded to Platinum Disc at least two weeks prior to the date of the engagement for it to be included in Platinum Disc programming guidelines. With or without the aid of an event/music planner or music request list, Platinum Disc shall attempt to play Client’s and Client’s guests’ music requests but shall not be held responsible if certain selections are unavailable. Platinum Disc will make an extra effort to have music requests available if they are received IN WRITING at least two weeks prior to the engagement.
In the event of non-payment, Platinum Disc retains the right to attempt collection through the courts. Client will be held responsible for all court fees, legal fees, and collection costs incurred by Platinum Disc.
This agreement guarantees that Platinum Disc will be ready to perform at the start time of the engagement. No guarantee is made as to Platinum Disc time of arrival; however, Platinum Disc requests that they be permitted 45 minutes before the engagement and 45 minutes after the engagement for setup and takedown. Platinum Disc also requests ramp or elevator access between the parking/service entrance and the setup area. If the venue requires setup or takedown in less time, or if equipment must be carried up stairs or lifted onto a stage to reach the setup area, an additional labor maybe charge may occur. If Client or venue requires Platinum Disc to complete setup more than one hour before the start time, or to postpone takedown more than hour after the end time indicated, the additional time will be charged at the rate of $50.00 per hour.
Engagements within the Melbourne Metro will not be assessed a travel charge. Services requiring travel outside of this area will be charged at a higher rate. Engagements in excess of 200 kms will require accommodations be made for an overnight stay in a local hotel/motel for Platinum Disc to be provided by Client.
By executing this contract as Client, the person executing said contract, either individually, or as an agent or representative, represents and warrants that he or she is eighteen (18) years of age, and further, if executing said contract as agent or representative, that he or she has the authority to enter into this agreement and should he or she not have such authority, he or she personally accepts and assumes full responsibility and liability under the terms of this contract.
All attached riders are an integral part of this contract. This contract will supersede any other contract. If any part of this contract is illegal or unenforceable, the remaining provisions of this contract will remain valid and enforceable to both parties. This contract contains the entire agreement between the parties and no statement, promises, or inducements made by any party hereto, or agent or representative or either party hereto, which are not contained in this written contract, shall be valid or binding. This contract shall not be enlarged, modified, or altered except in writing by both parties and endorsed hereon.
The laws of the State of Victoria shall govern this agreement.
Client agrees to defend, indemnify, assume liability for and hold Platinum Disc harmless from any claims, damages, losses and expenses by or to any person, regardless of the basis, which pertains directly or indirectly to Platinum Disc performance. In the event that a civil action arises in an effort to enforce any provision of this agreement, the losing party shall pay the solicitor’s fee and court costs of the prevailing party.
Client may not transfer this contract to another party without the prior written consent of
Platinum Disc. This agreement is not binding until signed by both Client and Platinum Disc has received it. Any changes must be written and signed by both the Client and Platinum Disc. Oral agreements are non-binding. If any clause in this agreement is found to be illegal, the rest of the agreement shall remain in force.
Platinum Disc may elect not to exercise their rights as specified in this agreement. By doing so, Platinum Disc does not waive their right to exercise those options at a future date.
THE PARTIES hereto promise to abide by the terms of this agreement and intend to be legally bound thereby.
By clicking on the submit button on the Platinum Disc booking page of the website you hereby agree to these terms and conditions.
